# Mikes Cigars Lawsuit is Resolved - hot showers to follow :)



## mdman (Sep 11, 2003)

Well, Im back from my vacation and I see that Mikes Cigars has filed a lawsuit. as you know they dont like that I use my name "Mike" on my website as in the letters from the troops and such.

Total bullshit as far as I am concerned..

Then their lawyers say they are going to settle, but behind my back file anyway!

Then, when I return from my vacation I find that now Now the jerks at Mikes cigars have gone so far as to copy my site! what a Jerk this Oscar must be..

If you look here you will see what Mikes Cigars website looked like just before the lawsuit. 
http://web.archive.org/web/20050330011647/http://www.mikescigars.com/

now if you go to www.mikescigars.com and see that site..

now look at mdcigars www.mdcigars.com

those guys are copying my site to make it look like I am copying them! 
They have copied my script for the scrolling product windows exactly!

Lucky I have archived copies of my site for the last few years showing I created this years ago. They just changed recently to make it look like I copied them!

I hate people who are dishonest.. and its clear that Mikes Cigars will use any tactic to bring try to eliminate the comptition I guess .

I will be scanning the docs and posting them if you all wish to see them.


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## stogie_kanobie_one (Feb 9, 2006)

*Re: Mikes Cigars Lawsuit is on!*

Well.... I don't know the whole history there, but if you trust our legal system the right side actually prevails... every now and again. Sorry to hear this and, Good luck.


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## CrazyFool (Oct 2, 2005)

*Re: Mikes Cigars Lawsuit is on!*

sounds like a pickle. the next time someone bombs you they should substatute cigars for Advil  why is 'MD Cigars' a threat to 'Mikes Cigars' anyway? they must be bored


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## mikey202 (Dec 29, 2005)

*Re: Mikes Cigars Lawsuit is on!*

hope all goes well..pretty cool deal at your shop...free tattoo and cigars.


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## dayplanner (Dec 11, 1997)

*Re: Mikes Cigars Lawsuit is on!*

Smells like dirty laundry in here


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## floydp (Jun 6, 2004)

*Re: Mikes Cigars Lawsuit is on!*



Franksmith said:


> Smells like dirty laundry in here


That reminds me, I didn't do laundry this weekend nephew..


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## icehog3 (Feb 20, 2005)

*Re: Mikes Cigars Lawsuit is on!*



floydp said:


> That reminds me, I didn't do laundry this weekend nephew..


I sure wish I had a blueberry pie.


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## RPB67 (Mar 26, 2005)

*Re: Mikes Cigars Lawsuit is on!*



icehog3 said:


> I sure wish I had a blueberry pie.


or some Skid Marks !


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## icehog3 (Feb 20, 2005)

*Re: Mikes Cigars Lawsuit is on!*



RPB67 said:


> or some Skid Marks !


Oh....I have those..... :z


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## ATLHARP (May 3, 2005)

*Re: Mikes Cigars Lawsuit is on!*



Franksmith said:


> Smells like dirty laundry in here


ok cue the Don Henley!

ATL


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## dayplanner (Dec 11, 1997)

*Re: Mikes Cigars Lawsuit is on!*



Franksmith said:


> Smells like dirty laundry in here


Bad form on a respected vendor. Like mama said, if you have nothing of value to add, shut up.


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## dayplanner (Dec 11, 1997)

*Re: Mikes Cigars Lawsuit is on!*



slowhand said:


> Bad form on a respected vendor. Like mama said, if you have nothing of value to add, shut up.


I did add my opinion (which I value) and if you do not like it then TS. I do not have anything against ANY vendor including MD but it smells like dirty laundry being aired... and only one side of it. For it to be fair we should hear both sides... which would turn into a big pile of steaming crap of a thread most likely... oh, that is IN MY OPINION which I am entitled to just like you.

You dinged me RG for that???

Well you take 2 but I take 3. :sl


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## dayplanner (Dec 11, 1997)

*Re: Mikes Cigars Lawsuit is on!*



Franksmith said:


> You dinged me RG for that???
> 
> Well you take 2 but I take 3. :sl


Yep, pretty much had you gauged correctly.

Cheers.


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## txmatt (May 22, 2004)

*Re: Mikes Cigars Lawsuit is on!*



Franksmith said:


> I did add my opinion (which I value) and if you do not like it then TS. I do not have anything against ANY vendor including MD but it smells like dirty laundry being aired... and only one side of it. For it to be fair we should hear both sides... which would turn into a big pile of steaming crap of a thread most likely... oh, that is IN MY OPINION which I am entitled to just like you.
> 
> You dinged me RG for that???
> 
> Well you take 2 but I take 3. :sl


:tpd:

Rod has it right.. I like looking out for the little guy but this seems like one sided dirty laundry..

As far as the scrolling cigar boxes java script; it detracts from both sites so I would thank the both of you to remove it. Either way that enters into he said/she said drivel that is irrelevant to the issue of the litigation.

We saw this crap between JR and Atlantic last year and the only thing that was accomplished by the vendors posting "their side" on cigar boards was that it fueled fueds and near civil war between the members of another cigar board. Clubstogie escaped that mess and I for one want it to dodge this bullet as well; we find enough things to argue about without arguing over which vendor is in the right.

You are both respected vendors in the way you serve your customers Mike. We have already seen this thread instigate one confrontation between the members of Club Stogie in just a few posts. Whatever the outcome of this lawsuit, I won't be swayed in my opinion of mdcigars or mikescigars as good vendors. However, I would ask that you keep this dirty laundry in its proper location, lest my opinion be changed.

Thanks,
-Matt-

P.S. Slowhand, think its a bit silly to ding Rod for his opinion on this, but I'll leave that to the 2 of you.


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## SeanGAR (Jul 9, 2004)

*Re: Mikes Cigars Lawsuit is on!*



slowhand said:


> Bad form on a respected vendor. Like mama said, if you have nothing of value to add, shut up.


:sl


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## Guest (Mar 20, 2006)

*Re: Mikes Cigars Lawsuit is on!*



txmatt said:


> P.S. Slowhand, think its a bit silly to ding Rod for his opinion on this, but I'll leave that to the 2 of you.


Sorry, Rod. Have to spread more rep around before I can hit you up again, or I would replace the dinged with five positive points! C

edited to clear up meaning.


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## mikey202 (Dec 29, 2005)

*Re: Mikes Cigars Lawsuit is on!*

WOW!!!! INFIGHTING!!!:mn o


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## Blueface (May 28, 2005)

*Re: Mikes Cigars Lawsuit is on!*



txmatt said:


> :tpd:
> 
> Rod has it right.. I like looking out for the little guy but this seems like one sided dirty laundry..
> 
> ...


Well said Matt.
As I always believe, there are three sides to every story.
His, the other and somewhere in the middle lies the truth.

I guess I will check back later or tomorrow and see if I get dinged also.
That cracks me up.
This is a forum comprised of opinions.
I truly reserve negative dinging for nasty acts, not opinions.
Shame that it should be used that way.

P.S.
Rod,
Sorry, I tried to give it back to you but got the infamous message: "You must spread some Reputation around before giving it to Franksmith again."


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## floydp (Jun 6, 2004)

*Re: Mikes Cigars Lawsuit is on!*



Blueface said:


> Well said Matt.
> As I always believe, there are three sides to every story.
> His, the other and somewhere in the middle lies the truth.
> 
> ...


Taken care of..


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## Ms. Floydp (Jan 7, 2005)

*Re: Mikes Cigars Lawsuit is on!*



floydp said:


> Taken care of..


again. From Auntie this time..LOL

Some pretty good advise here guys.


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## El Gato (Apr 2, 2003)

*Re: Mikes Cigars Lawsuit is on!*

Maybe havin' the name Mike and trying to sell cigars is like havin' the name McDonald and trying to sell hamburgers. Only one of each gets the right to do it. Fair or not, I'm pretty sure I'm not qualified to say which.:2


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## Da Klugs (Jan 8, 2005)

*Re: Mikes Cigars Lawsuit is on!*

Right or wrong it really matters not.

My dirty laundry is safely in the utility room. Stuff like this gets the gorillas all riled up and ready to fling (Or ding) with little provocation.


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## PuroBrat (Sep 8, 2005)

*Re: Mikes Cigars Lawsuit is on!*

I will stay out of this fight, on either side, or should I say ANY side since it looks multifaceted to me. But I wanted to say Kudos to Mr Comfortably Numb for "Takin' care of" restoring Rod's RG. Well Done FloydP!

Now back to the :bx


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## Ivory Tower (Nov 18, 2005)

*Re: Mikes Cigars Lawsuit is on!*

I would like to see a copy of the complaint, really. Keep me updated. It doesn't sound like, or smell like, dirty laundry to me, but they may have to file to preserve their rights, so don't get too upset - of course, attorneys will earn a bit more if they can perform more of their services in connection with the matter. By the way, I don't see the similarity between your respective sites.


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## mdman (Sep 11, 2003)

*Re: Mikes Cigars Lawsuit is on!*



Ivory Tower said:


> I would like to see a copy of the complaint, really. Keep me updated. It doesn't sound like, or smell like, dirty laundry to me, but they may have to file to preserve their rights, so don't get too upset - of course, attorneys will earn a bit more if they can perform more of their services in connection with the matter. By the way, I don't see the similarity between your respective sites.


you can find a copy of the complaint here http://www.mikescigarssucks.com


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## croatan (Mar 23, 2005)

*Re: Mikes Cigars Lawsuit is on!*



mdman said:


> you can find a copy of the complaint here http://www.mikescigarssucks.com


Your links are messed up. 5 out of 6 go to L6.doc

Also, looking at 2004 and back, I can kind of see why they were mad at you. You had "mikes cigar" in your metatag and had "mikes cigars" in hidden body text. I don't see anything wrong with your site now, though.


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## mdman (Sep 11, 2003)

*Re: Mikes Cigars Lawsuit is on!*

Ya, I will have to get the guy to fix that..
we used to have mikes discount cigars in our page as that was our old name, but all the stuff they are dragging up did not exist for years and does not now.. they also fabricated some stuff.. but eather way we have agreed not to use mikes in our tradmark.. that is the law and our agreement.


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## PuroBrat (Sep 8, 2005)

*Re: Mikes Cigars Lawsuit is on!*



croatan said:


> Your links are messed up. 5 out of 6 go to L6.doc
> 
> Also, looking at 2004 and back, I can kind of see why they were mad at you. You had "mikes cigar" in your metatag and had "mikes cigars" in hidden body text. I don't see anything wrong with your site now, though.


One of those things that make you say Hmmmm?

I am somewhat disillusioned by a so called "Respected" retailer, starting a web site bashing a competitor like the one posted by MDCigars. I find that rather uncalled for. Even if there IS a lawsuit that one might think is frivolous. Though the information about the hidden body text is a clue to it's relevance.

Bad blood makes for a dangerous transfusion.:hn


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## mdman (Sep 11, 2003)

*Re: Mikes Cigars Lawsuit is on!*

UPDATE. if you guys are interested

had a conference with the Judge and mikes cigars said they wanted to settle...but then the next day mikes cigars give us a deal like this..

1. Mikes Cigars wants MD Cigars to let them know first and ask permission to sell any products named Mike.. like "Mike Ditka Cigars" (like they ask another company what they should sell!)

2. Mikes Cigars wants the rights to sue us if they dont like something, and also if they lose the lawsuit, then they think they dont have to pay the fees, we should pay their lawyers fees as well even if they lose! (ya.. that sounds fair)

3. They also want us to limit talking about the owner (the use of the word Mike) to 1 time on 1 page, and limit us to not use the owners name in press statments and adds and such

This is what they call fair, but what I call trying to elimiate the compition.
What is Oded afraid of, I dont know.. but I will fight this to the end

NOT...

I guess we are going to take the long way and take this right to court..

Even the Judge in the conference cannot belive Oded.. and he asked "How come the owners cant just call each other and work this out?" 
my lawyer stated that we want to, but aparently Oded it too important to talk to us". I have still never talked to them personally..

What a crock of shit guys..
Its back to court with these guys.

I will keep ya updated. unless you guys would rather I not update this here


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## c2000 (Oct 16, 2003)

*Re: Mikes Cigars Lawsuit is on!*

Sounds to me like a couple of lawyers are going to go Bimmer shopping soon..

Jerry in Minnesota.


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## Cheo Malanga (Apr 4, 2006)

*Re: Mikes Cigars Lawsuit is on!*

o

seat back and watch while i smoke a china 5. hey mike, had an aged corona yesterday.


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## broozer (Mar 23, 2006)

*Re: Mikes Cigars Lawsuit is on!*

i think this is the wrong place for this. you gotta a lawsuit going on with www.mikescigars.com? then keep it between the both of ya. i only order cheap NC's from mikes about once every two months and so far the customer service has been so so. not the best in the world, but it's not like i spend much money with them either. i have never bought anything from your website MDman, but if you still have the website that bash's mike's cigars then i will NEVER order from you. that's just bad business and it makes you look like a complaining little child who wants to take cheap shots at someone because you're upset about something.

good luck with your law suit. seems to me it's a waste of time, but i understand you didn't instigate it yourself. this country is riddled with ridiculous lawsuits that are a waste of the courts time.

bruce


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## The Prince (Apr 9, 2005)

*Re: Mikes Cigars Lawsuit is on!*

I believe you should take your snotty comment about CF off your retail site as well. Talk about opening yourself up to legal liability.


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## SeanGAR (Jul 9, 2004)

*Re: Mikes Cigars Lawsuit is on!*



The Prince said:


> I believe you should take your snotty comment about CF off your retail site as well. Talk about opening yourself up to legal liability.


Thanks for bringing this up ... from his links .....

_Advisory: Cigar Family Forums are known to be a Flame oriented community_

VERY bad form indeed. I don't go to CF often, but they discuss a lot of interesting topics there. No more flaming going on there than many other cigar sites that I have visited.


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## dayplanner (Dec 11, 1997)

*Re: Mikes Cigars Lawsuit is on!*

*I'M SORRY*

Should have never said "dirty laundry"

SHOULD HAVE said *"dirty underware"*


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## Cigar Jockey (Feb 12, 2006)

*Re: Mikes Cigars Lawsuit is on!*

MIKE.

There sue me.


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## PuroBrat (Sep 8, 2005)

*Re: Mikes Cigars Lawsuit is on!*

Dear Mike, (Mike from MDCigars, not Mike from Mike's Cigars{I'm so confused }

I know that the other Mike has put you in a bad spot with this law suit. I understand that. But I have to point out that you, _as well as he_, are considered by many of us to be a respected Reseller of our favorite leaf. As a respected reseller, we expect that when confronted in this manner you will _Take the High Road_. If you do that, and he doesn't, then you win. In our eyes you win, regardless of the outcome of the lawsuit.

We all know that there are always two sides (or more) to every confrontation, and every lawsuit. The reason you and he both have lawyers is because they will find the sides and reconcile them. We as consumers do not have a way to do that, so all we are seeing in this, is what we see you do. Since you are hear telling us about this and the other Mike is not.

Please, take the High Road and we will respect you for it, and patronize your business respectively.

Good luck, and may Justice prevail

- Michael (Another Mike, real obscure name huh?)


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## The Master (Dec 26, 2004)

*Re: Mikes Cigars Lawsuit is on!*

" Advisory: Cigar Family Forums are known to be a Flame oriented community"

Real classy thing to do. Good luck getting a Fuente account.


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## mdman (Sep 11, 2003)

*Re: Mikes Cigars Lawsuit is on!*



The Master said:


> " Advisory: Cigar Family Forums are known to be a Flame oriented community"
> 
> Real classy thing to do. Good luck getting a Fuente account.


LOL..


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## mdman (Sep 11, 2003)

*Re: Mikes Cigars Lawsuit is on!*

Well, we went to court, and we won the first round!
All the uses of Mike on my website are LAWFULL as I knew they were.

The Judge DENIED mikes cigars the preliminary injuction they wanted. and said there was no reason for this action as all the uses of Mike on my website are LEGAL USE OF MY NAME! and any evidence they had was from 2002. so its hard to make up an Urgent need for something that does not exist.

The judge found that Mikes Cigars Facts were just plain wrong.
Mikes Cigars Lawyers made up a lot of stuff in the courtroom, rather than stick to the facts.

Its funny as they are doing everything they can, even making up facts to try to win their case, where we just sit there and tell the truth.

We again offered to settle, and the Judge said that the case is so weak that mikes cigars should settle, but Oded and his lawyer was arrogant the whole time and its clear that no settlement is in sight.


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## wij (May 25, 2006)

*Re: Mikes Cigars Lawsuit is on!*

Good for you!!! I was under the false impression that all cigar smokers were good people, well I suppose Mike's cigars is damaging that impression.


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## ky toker (Jun 2, 2005)

*Re: Mikes Cigars Lawsuit is on!*

While I understand the "don't air dirty laundry" point of view, I kind of like to know if people I could give money are asshats or not. I don't go to one of the closest shops to me because I can't stand the way the owner and employee act towards some of the people there. Never acted wrong toward me, but that doesn't matter to me either when I see them acting snotting to a lady trying to find her husband a special gift for Christmas.

Glad things did work out for you, Mike.


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## RGD (May 10, 2006)

*Re: Mikes Cigars Lawsuit is on!*

Well - I'm just a newbie and all around here - but I don't understand two things:

One - why this is posted in this forum, should be under "Everything But Cigars" I would think -

Two - if a person "won" . . . why would they be willing to "settle"?

Ron


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## Poriggity (Dec 8, 2005)

*Re: Mikes Cigars Lawsuit is on!*

Glad things are working out for you, but I honestly could care less about your personal law suits. To be quite honest, this whole thread is making me not want to buy from you or Mikes cigars.. seems the both of you are involved in something frivolous.. Tell Mike from Mike's cigars, thanks for wasting my tax dollars with this abortion of a law suit.
Scott


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## IHT (Dec 27, 2003)

*Re: Mikes Cigars Lawsuit is on!*



ky toker said:


> While I understand the "don't air dirty laundry" point of view, I kind of like to know if people I could give money are asshats or not. I don't go to one of the closest shops to me because I can't stand the way the owner and employee act towards some of the people there. Never acted wrong toward me, but that doesn't matter to me either when I see them acting snotting to a lady trying to find her husband a special gift for Christmas.
> 
> Glad things did work out for you, Mike.


:tpd:

i don't care if it's dirty laundry or not, put yourself in this guys shoes.
you know what would happen? *you'd be right fuggin here sayin the same gawd-damned thing he's saying!*
some of you post that you've had something happen to you in the "everything but..." forum, asking for prayers cuz you stubbed your big toe or got crabs from some skank at the local dive....

cut this guy some slack. he's coming here to talk about cigar related issues that he feels is important (and so should you - the BS the other retailer pulled is just that, :BS ).

well, at least that's what i think of the situation.... lol.


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## [OT] Loki (May 24, 2006)

*Re: Mikes Cigars Lawsuit is on!*

your site is mdcigars.com correct?


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## PaulMac (Jul 15, 2003)

*Re: Mikes Cigars Lawsuit is on!*



RGD said:


> Two - if a person "won" . . . why would they be willing to "settle"?
> 
> Ron


From what I read he won the fight against the injunction to stop use of the name Mike while the trial goes on, he hasn't won the trial, just prevented the injunction


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## ResIpsa (Mar 8, 2006)

*Re: Mikes Cigars Lawsuit is on!*



PaulMac said:


> From what I read he won the fight against the injunction to stop use of the name Mike while the trial goes on, he hasn't won the trial, just prevented the injunction


For those who don't know, an injunction is an order from the court for one of the parties to either DO something, or for them to STOP doing something. In this case I would imagine the issue was to stop using "Mike's" on his website.

It is difficult to get an injunction. The moving party (the one making the request) in very general terms must show two things: 1) a likelihood of success when the case itself is tried, and 2) That you will suffer irreperable harm if the injunction is not granted.


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## Hbooker (Jan 1, 2000)

*Re: Mikes Cigars Lawsuit is on!*

For the new guys that are commenting on this and or just reading..
Mdcigars, Mike has been a LONG time supporter of many online forums.

The number of folks he helped along the way is pretty large.
Just wanted you to know that.

The saga that one of the members goes through while in business in the cigar industry is something that is of interest.

Hang in there Mike 
Lies cant live in the light.

hb


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## mdman (Sep 11, 2003)

*Re: Mikes Cigars Lawsuit is on!*

The dispute of the use of the trademark has now been resolved with formal terms entered by a court.

I am very happy with the outcome and I think Oded is happy also.

Additionally, not only is this issue resolved, but I believe we have started a new friendship which is a positive thing for both companies.

If possible, can we get the Admin to change the title of this thread to "Issue Resolved"

Thanks..


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## punch (Mar 5, 2005)

*Re: Mikes Cigars Lawsuit is on!*



mdman said:


> The dispute of the use of the trademark has now been resolved with formal terms entered by a court.
> 
> I am very happy with the outcome and I think Oded is happy also.
> 
> ...


The only true victory is when both sides are happy. Anything else is just postponing the hostilities to a future date. I am very happy that this all turned out well.


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## Ivory Tower (Nov 18, 2005)

*Re: Mikes Cigars Lawsuit is on!*



mdman said:


> I am very happy with the outcome
> not only is this issue resolved, but I believe we have started a new friendship which is a positive thing for both companies.
> 
> Thanks..


What kind of lawsuit is that! :r

Seriously, glad it worked out for you and best of luck.


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